Western Watersheds Project v. Sally Jewell

MEMORANDUM

Western Watersheds Project appeals the district court’s summary judgment in favor of the Bureau of Land Management and Brightsource. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

BLM took the requisite “hard look” at the impacts of the Ivanpah Solar Electric Generating System (“Solar Project”) on the desert tortoise. That BLM estimated tortoise populations based on surveys of only adult tortoises did not render its analysis arbitrary. Juvenile tortoises and their eggs were difficult to detect in population surveys, and the vast majority would die from causes unrelated to the Solar Project before reaching reproductive age. BLM’s consideration of impacts to the desert tortoise species, rather than individuals, was appropriate. See Envtl. Prot. Info. Ctr. v. U.S. Forest Serv., 451 F.3d 1005, 1010 (9th Cir.2006). The district court did not abuse its discretion in excluding the extra-record declaration of Dr. Connor and concluding he was not qualified as a desert tortoise expert.

BLM also adequately discussed the Solar Project’s impacts to desert tortoise habitat fragmentation and connectivity. The final EIS qualitatively discussed both fragmentation and loss of…